Key provisions of the Surrogacy (Regulation) Act, 2020

The Surrogacy (Regulation) Act, 2020 is an Indian law that regulates surrogacy arrangements within the country. The Act aims to protect the rights of the surrogate mother and the child, as well as to prevent commercialization and exploitation of surrogacy. The Act was passed by the Indian Parliament and came into effect on April 1, 2021.

Here are the key provisions of the Surrogacy (Regulation) Act, 2020:

1. Definitions:

The Act defines various terms such as Assisted Reproductive Technology (ART) clinic, Commissioning Couple, Surrogacy, Surrogacy Agreement, Surrogate Mother, and others. These definitions are important for interpreting the provisions of the Act.

2. Who can avail surrogacy?

Only Indian citizens can avail surrogacy services within the country. They must be married for at least five years and have a certificate of infertility from a competent authority. They must also not have any living child (biological, adopted, or surrogate).

3. Who can be a surrogate mother?

A woman can act as a surrogate mother only if she is a close relative of the commissioning couple, has been married and has a child of her own. She can only be a surrogate once in her lifetime.

4. How is surrogacy regulated?

The Act mandates the establishment of a National Surrogacy Board and State Surrogacy Boards to regulate surrogacy clinics and procedures. These Boards will also maintain a National Surrogacy Registry and State Surrogacy Registry respectively.

5. Surrogacy agreements:

Surrogacy agreements must be in writing and registered with the appropriate authority. They must include the terms and conditions of the surrogacy arrangement, the obligations of the surrogate mother and the commissioning couple, and the financial arrangements, among other things.

6. Compensation for surrogate mother:

The surrogate mother can only be compensated for the medical expenses and insurance coverage related to the surrogacy. Any other form of payment is prohibited.

7. Parentage and citizenship:

The child born through surrogacy will be deemed to be the biological child of the commissioning couple. The birth certificate will reflect the names of the commissioning couple as the parents. The child will be entitled to all the rights and privileges available to a natural-born child. The citizenship of the child will be determined by the Citizenship Act, 1955.

8. Offences and penalties:

Any person or clinic found to be contravening the provisions of the Act may face imprisonment for up to 10 years and/or a fine of up to Rs. 10 lakh.

In conclusion, the Surrogacy (Regulation) Act, 2020 is a comprehensive law that aims to regulate surrogacy in India. It seeks to protect the rights of the surrogate mother and the child, while also preventing commercialization and exploitation of surrogacy. The Act is an important step towards ensuring that surrogacy is carried out in a safe and ethical manner.